This city could become the first in Johnson County to decriminalize marijuana
Following the lead of Kansas City, Prairie Village is looking into decriminalizing marijuana.
It would be the first Johnson County city to reduce penalties for marijuana possession. City Council members Ian Graves and Inga Selders proposed the idea earlier this month, and the City Council unanimously agreed to have staff look into the legality of it.
Prairie Village officials could consider stripping the crime from the city code, as Kansas City did last summer. Another option could be issuing citations for violations in lieu of municipal court.
Graves pushed for the change because Prairie Village borders Missouri, where medical marijuana is legal, unlike in Kansas. He added that there already is a dispensary in the Waldo neighborhood on Wornall Road, not far from Prairie Village.
“This immediately creates a tension right around the state line,” Graves said. “If you stand on one side of the street, you’re legal with the right card in Missouri. Where if you cross the street, you would now be in illegal possession of the substance.”
Some council members said they support decriminalizing marijuana because it is an issue of racial equity. In Kansas, Black people are 4.8 times more likely to be arrested for marijuana possession than white people, according to the American Civil Liberties Union. That number jumps in Johnson County, where Black people are 8.4 times more likely to be arrested for possession than white people, despite roughly equal usage.
“We need to be ready and willing to evolve on this issue if our state is not,” Selders said.
Some Kansas lawmakers continue to push for the legalization of medical marijuana. Many had renewed hope with the election of Democratic Gov. Laura Kelly, who said she would support a “well-regulated” program. But the issue was not a major focus for her during the general election.
Kansas legislators have taken little action on most medical marijuana bills proposed in the past couple of years. In 2018, they approved the sale of CBD oil, or cannabidiol, with zero THC — the ingredient in marijuana that produces the “high.”
Opponents of past legislation argued that the risks and benefits of marijuana use need to be further studied. Some law enforcement groups also have voiced concerns, saying it would be difficult to keep legal medical marijuana from being diverted for illegal use.
Nationally, support for legal marijuana has grown. Advocates argue it can help treat chronic pain and other conditions. And many support decriminalization because of the racial profiling and bias in marijuana enforcement.
Kansas is now surrounded by states with some form of legal marijuana, but remains among the most restrictive.
In the meantime, some larger cities have considered their own measures. In 2019, Lawrence city leaders decreased the city’s fine for possessing small amounts of marijuana to $1 for first- and second-time offenders. The city of Wichita also has more lenient penalties for first-time offenders.
In Kansas, possession of marijuana is a Class B misdemeanor punishable by a maximum of six months in jail, and a fine of up to $1,000, for a first time offense. Leaders in all other Johnson County cities said they are not considering decriminalizing marijuana at this time.
Prairie Village City Administrator Wes Jordan said that staff will draft proposed changes to the city code, but did not offer a timeline for when the matter could come before the City Council.
This story was originally published January 26, 2021 at 5:00 AM.
